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Pelosi powerless to delay Trump impeachment trial if Senate does THIS
FoxNews.com ^ | December 19, 2019 | GianCarlo Canaparo

Posted on 12/20/2019 12:06:10 PM PST by NobleFree

[GianCarlo Canaparo is a legal fellow in The Heritage Foundation’s Meese Center for Legal and Judicial Studies.]

[...] Let’s start with the Constitution. Article 1, Section 2 states that the House “shall have the sole Power of Impeachment.” Section 3 states that the Senate “shall have the sole Power to try all Impeachments.”

Critically, there is no mention of procedure here. So where does this supposed transmittal requirement come from? The answer is the Senate’s own rules. Specifically, its rules governing impeachment procedure.

The first rule of impeachment procedure states that the Senate will not act on an impeachment until the House sends to the Senate its appointed “managers”— the representatives who will act as the lawyers during the impeachment trial. After the House has presented its managers to the Senate, then the Senate takes the reins and launches its trial.

So can Pelosi delay an impeachment trial? Yes, as long as the Senate doesn’t change its current rules. But there’s absolutely nothing stopping it from changing this rule, and the Senate should change the rule to prevent this sort of gamesmanship.

[...] So the Senate should change its impeachment rules as follows: once the House has impeached the president, the Senate shall set a date for trial and shall set a deadline for the House to present its managers to the Senate. If the House fails to meet that deadline, the Senate will either dismiss the articles of impeachment for lack of prosecution or, better yet, vote on the articles immediately in light of the evidence presented to it — in this case, no evidence.

Having set this boulder rolling, House Democrats should not be allowed now to hold it up. They started this process. It’s up to the Senate to finish it on its terms alone. Not Pelosi’s.

(Excerpt) Read more at foxnews.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: California
KEYWORDS: botox; california; declassification; fbi; fisa; giancarlocanaparo; impeachment; nancypelosi; sanfrancisco; sanfrannan; shalltry
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Harvard Law School Professor Alan Dershowitz comes to the same conclusion: http://www.freerepublic.com/focus/f-news/3802445/posts
1 posted on 12/20/2019 12:06:11 PM PST by NobleFree
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To: NobleFree

I posted this exact suggestion on a thread here without the last two hours. LOL.


2 posted on 12/20/2019 12:08:22 PM PST by Alberta's Child (In the time of chimpanzees I was a monkey.)
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To: NobleFree

I like that idea.

3 posted on 12/20/2019 12:09:24 PM PST by conservative98
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To: NobleFree

BOOM

MIKE DROP


4 posted on 12/20/2019 12:09:50 PM PST by Lazamataz (We can be called a racist and we'll just smile. Because we don't care.)
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To: Alberta's Child

And I posted it this morning: http://www.freerepublic.com/focus/f-bloggers/3802381/posts

;-p


5 posted on 12/20/2019 12:10:13 PM PST by NobleFree ("law is often but the tyrant's will, and always so when it violates the right of an individual")
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To: NobleFree

Senate can change the rule by a majority vote and set a deadline for the House to present its case.

If it doesn’t, it can vote to dismiss the articles of impeachment with prejudice and vote a directed acquittal of the President.


6 posted on 12/20/2019 12:11:29 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: NobleFree

This assumes the gopE senate wants to dispatch the articles of impeachment. I don’t think so, I think they are all good with this hanging out there as an insurance policy against Trump. Opinions vary, but that’s mine.


7 posted on 12/20/2019 12:12:31 PM PST by JoSixChip (I'm an American Nationalist)
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To: NobleFree
What the heck... one more time in case someone missed it...


8 posted on 12/20/2019 12:17:02 PM PST by Bon mots
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To: goldstategop

You’re assuming Mitch has 51 votes for such a move.

He may eventually get there, but for now he’s content to let Nancy twist in the wind.


9 posted on 12/20/2019 12:17:21 PM PST by FirstFlaBn
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To: NobleFree

Our R Senators have here a wonderfully easy opportunity to shove it firmly and squarely up the D’rats’ derrières. It’s a gimme.

It’s also theirs to lose, and going by precedent...


10 posted on 12/20/2019 12:17:39 PM PST by polymuser (It's discouraging to think howk many people are shocked by honesty and so few by deceit. Noel Coward)
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To: NobleFree

IMO it would be stupid for the Senate to change the rules. The Left actually acts like there are no rules for them, and the only rules that exist are ones that apply to their opponents.
If the Senate were to budge at all in response to Pelosi demands it would be a bad move. In fact, it would only open the door to more of this underhanded sliminess that we have seen for months regarding this Yoo-crane fantasy.


11 posted on 12/20/2019 12:18:32 PM PST by Honest Nigerian
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To: NobleFree

is this like one of those hacks i see on youtube..? like an impeachment hack..?


12 posted on 12/20/2019 12:22:24 PM PST by Leep (It's.. (W)all or nothing..!)
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To: NobleFree

Surely some smart person has already approached McConnell with this idea.


13 posted on 12/20/2019 12:22:48 PM PST by Blood of Tyrants (Everyone who favors socialism plans on the government taking other people's money, not theirs.)
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To: Leep
LOL! "One weird trick to get on with the impeachment charade"
14 posted on 12/20/2019 12:26:13 PM PST by NobleFree ("law is often but the tyrant's will, and always so when it violates the right of an individual")
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To: NobleFree

The Senate should resolve....

“It is Resolved that Unless the House of Representatives Delivers the Articles of Impeachment they Voted for On December 18, 2019 to the Secretary of the Senate on or before January 7,2020 then such Articles will Immediately be Declared Null and Void, and be Subject to Immediate Dismissal with Prejudice if/when such Articles ever do Show Up.”


15 posted on 12/20/2019 12:29:38 PM PST by Responsibility2nd (How Can You Have Any Pudding If You Don't Eat Your Meat?)
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To: goldstategop

Set the date for either Dec 24 or Dec 31... Happy Holidays.


16 posted on 12/20/2019 12:29:46 PM PST by D Rider
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To: Bon mots

That is one weird gif. Barr?

Barr may one day be a PITA to Schiff. But not regarding impeachment.


17 posted on 12/20/2019 12:32:27 PM PST by Responsibility2nd (How Can You Have Any Pudding If You Don't Eat Your Meat?)
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Comment #18 Removed by Moderator

To: NobleFree

THIS ONE WEIRD TRICK makes democrats see reason...

Yeah, okay.


19 posted on 12/20/2019 12:38:15 PM PST by Hugh the Scot ("Jesus was a fundamentalist".- BipolarBob)
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Comment #20 Removed by Moderator


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